Los juzgados administrativos ¿Descongestionan la juriscción?

Abstract

In order to solve the current congestion of administrative contentious courts, there were created 257 administrative tribunals that will receive 73% of the present cases burden of the courts; thus, these new tribunals will be born congested. It is only by means of the procedure economy and process orientation principles that these tribunals could accomplish more prompt court proceedings than courts do. Because of that, in the present study there is a discussion of the rules provided by the civil and contentious procedure codes, whose pragmatic enforcement –according to jurisprudential orientation– allows fighting unjustified ritualism and attorneys’ dilatory practices. Subsequently, the new administrative judges must change traditional passive and accommodating attitude in order to acquire their new role as conductors of the procedure. To attain that, it will be required to implement the best practices of procedure economy, particularly in the stages of action admissibility and evidence instruction. Focusing on this aim, they must: a) only attend to legally viable processes because they diligently joined procedure assumptions of: duly action, judge competency and fairness of the action; b) limit proof instruction and taking to the rigorous needed and leading ones or substitute them by some more expedite and efficient; and c) achieve the parties as well as paralegals cooperation by means of telephone communication.